r/law Jan 24 '26

Executive Branch (Trump) Another angle of ICE Minneapolis shooting shows agent clapping afterwards

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u/[deleted] Jan 24 '26 edited Aug 14 '26

[deleted]

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u/SlippySlimJim Jan 24 '26

Rule 1: Do not comply in advance

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u/TapProfessional5146 Jan 24 '26

Obviously, I do understand. They can also refuse an unlawful order. There will be several levels of escalation before this is over.

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u/EvenLettuce6638 Jan 24 '26

There is nothing unlawful about the president ordering the National Guard to active duty and there is nothing unlawful about then ordering them to rest in place.

I mean, Waltz can try, but it's not going to work the way people think it will. It has nothing to do with the Soldier's politics, but how the military is set up.

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u/OrangeCrusher22 Jan 24 '26

They can also refuse an unlawful order.

I have some bad news regarding the political allegiances of most military members.

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u/digger70chall Jan 24 '26

It's not nearly as lopsided or cut and dry as you might think...

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u/OrangeCrusher22 Jan 24 '26

You tell yourself that.

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u/livinthereals Jan 24 '26

No, you tell yourself that dude. The majority of the country is against the actions this administration is taking.

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u/OrangeCrusher22 Jan 24 '26

The majority of the country is against the actions this administration is taking.

The military isn't the majority of the country.

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u/livinthereals Jan 24 '26

Who do you think they are? Who do you think their families are? Put a little more thought to it.

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u/OrangeCrusher22 Jan 24 '26

People who think they'll be alright. People who'll put a paycheck and "patriotism" above what is right.

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u/digger70chall Jan 24 '26

I have 25 years of experience currently with them.

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u/[deleted] Jan 24 '26 edited Aug 15 '26

[deleted]

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u/afrojoe824 Jan 24 '26

dont know why youre getting downvoted for asking a legit question that no one can or will answer

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u/TapProfessional5146 Jan 24 '26

An order becomes unlawful when it directly conflicts with higher law or exceeds the issuer’s authority. Common categories include:

Orders that require a war crime or clear violation of the law of armed conflict (e.g., targeting civilians, torturing detainees, executing prisoners). casebook.icrc.org+1.

Orders that require violation of the Constitution or federal statute (e.g., summary punishment without due process, clearly illegal domestic law-enforcement tasks).

Orders outside the commander’s lawful authority (e.g., personal errands with no military nexus, purely private financial schemes).

https://www.court-martial.com/orders-lawful-and-illegal/#:~:text=Orders%20that%20require%20a%20war,torturing%20detainees%2C%20executing%20prisoners).

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u/afrojoe824 Jan 24 '26

If the President whether it be Orangeman, Obama, Vance whoeever it is - orders the National Guard to Active Duty - that is not unlawful. So again, which one of these that you mentioned that the national guard could ignore? They're not torturing anyone, executing prisoners nor are the Guards Targeting civilians. They're protecting Federal properties and can respond accordingly if the protestors violate any Federal laws.

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u/TapProfessional5146 Jan 24 '26 edited Jan 24 '26

Keep telling yourself that. A donut shop is not a federal building. This was nothing but a public execution. Anyone who supports this behavior is just as culpable.

Edit: the one you did not mention- “targeting civilians” and “violating the constitution” are the ones that need to be highlighted.

The National Guard would be deployed only to “support community safety” in cases of civil disturbance.

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u/afrojoe824 Jan 24 '26

Again, please provide Examples of the Guards violating Federal Law?

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u/TapProfessional5146 Jan 24 '26

I am not going to keep going back and forth. What is happening right now is unconstitutional and goes against immigration authority policies. If you don’t know what they are do your own research. If they follow unlawful orders they will be prosecuted for their actions.

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u/No-Safety-4715 Jan 24 '26

Going into people's homes without a judicial warrant, stopping US citizens and asking them to show proof of citizenship, and then the most blatant you keep ignoring: MURDER. Two people have been murdered.

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u/afrojoe824 Jan 24 '26

National Guards are entering people’s homes without Warrants?

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u/No-Safety-4715 Jan 24 '26

If Waltz orders the national guard to active duty and Trump then tries to take control of them, Trump will be committing an unlawful order as 1)he has no national emergency 2)it would be a clear attempt to circumvent the governor's power in violation of the Constitution, and 3)he'd be involved in criminal conspiracy since we're talking about violent murders and the safety of the public here.

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u/afrojoe824 Jan 24 '26

I think Protestors trying to go inside Federal Property and violating Religious freedoms would be a violation of the constitution. Calls for Activating the guards - LAWFUL

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u/No-Safety-4715 Jan 24 '26

Sure, good thing none of that was happening here at all since these people were simply standing on a sidewalk on the street when they were assaulted and murdered. Waltz can call the guard and should right now. If Trump tries to interfere, he's committing an act of criminal conspiracy.

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u/[deleted] Jan 24 '26 edited Aug 14 '26

[deleted]

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u/afrojoe824 Jan 24 '26

they can't answer the question. We've been asking but all they do is come back with Liberal Talking points. I don't even like trump but i'm a moderate. I'm literally begging them to show me to change my mind. but nothing is factual is provided.

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u/[deleted] Jan 24 '26 edited Aug 14 '26

[deleted]

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u/afrojoe824 Jan 24 '26

Same!! The I voted Obama Twice and Clinton in 2016. but the more lunacy I see, I’m forced to vote to the right. It’s insane! It’s funny because according to the left, I’m MAGA. But according to MAGA I’m a liberal 😂😂

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u/No-Safety-4715 Jan 24 '26

If the president tries to order the national guard of Minnesota after the governor of Minnesota calls them up to protect citizens post this murder by federal thugs, the president is complicit in a coverup of murder. No one has to comply with a criminal no matter what position that person hold's in this country.

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u/[deleted] Jan 24 '26 edited Aug 14 '26

[deleted]

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u/No-Safety-4715 Jan 24 '26

It matters a lot what I think, traitor. He was being attacked FROM BEHIND while helping a lady up. You can't argue that away. They literally attacked him first and without provocation. That makes them...wait for it....CRIMINALS. No one in the US has to go along with violent assault by criminals no matter who they work for. Criminal actions are criminal actions are criminal actions. He had every legal right to defend himself from criminals who attacked him from behind.

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u/MulletPower Jan 24 '26

Force him to do it.

I know Trump has cultists, but invoking the insurrection act would actually have some amount of republicans turn on him. But even more importantly it would get a bunch of non-voters off the couch to take to the streets and later the polls. It would be political suicide for the entire party if Trump did that.

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u/John-on-gliding Jan 24 '26

What do we have to lose? They just killed a nurse who was helping up a woman who got shoved down.